SJt
NOW!.
The Statesman Is bring
log to a close its anaual
Bargain period. ' Sabacribe
today for a fall year by
mail, $3.00.
WEATHER
Fair today and Satarday,
frost .this moraine. Xjx.
temperature Friday 64; min.
-S3; north wind; river 1.0.
FOUISlDEb 1851
EIGHTIETH YEAR
Salem, Oregon, Tuesday Morming, October 14, 1930
J .No. 172
: : ' " ' ' " "
FASCISTS RIOT
REICHSTAG
IK TASKS
Communists Give Police bad
Time; Shop Windows
Are Smashed
Rowdy Elements Break out
In Riots Again in Early
Morning in Berlin .
BERLIN, Oct. 14-(Tuesday)
r (AP) Rioting by
rowdy elements in the heart
of Berlin's fashionable shop
ping district broke oat early
this morning while crowds
of curiosity seekers return
ing from theaters lingered
in the vicinity of the Pots
damerplatz to see the de
struction wrought by fascist
bands yesterday.
BERLIN, Oct. 13. CAP)
Rioting by left and right wing
enemies of the republic kept the
central part of Berlin in a tur
' moll for several hours this after
noon and overshadowed the
opening of the new Reichstag.
The disturbances started near
TJnter den Linden, within a
stone's throw of 4he parliament
building, at the edge of the Tler
garten. Here the communists
gave the mounted -and foot po
lice a bad time when the hun
dreds of guards stationed before
the Reichstag building; attempted
to sweep a vast throng away
from its entrances.
In mid-town, along the Leip
sfgerstrasse, Berlin's elite shop
ping district, several hundred
fascists took advantage of the
disorders at the Reichstag and
burst forth Into a demonstration
of which the chief nature was
the smashing of numerous win
dows in expensive shops owned
mostly by Jews and firing of pis
tols Into the air.
Few Injuries Reported
Despite Period of Gunfire
Only a few Injuries were re
ported. In spite of the heavy
gunfire and, the virtual reign of
terror that existed for some time
In that part of the city.
Early this evening the police
authorities announced order had
been completely restored In all
sections of the city and described
the events of the day as a "mere
flareup' which would not be al
lowed to go further. An official
communique said 53 persons had
been arrested.
The activities of the police ob
riously were handicapped by the
need of concentrating a strong
force around the Reichstag. It
was while almost the entire force
was fuelling the TIergarten
riots that the fascists broke
(Turn to page 10, col.' 4)
5 SALEM WOMEN TO
ATTEND STATE MEET
Five Salem and Marion county
women are to leave this morning
lor Roseburg where they wiU at
tend the annual state W. C. T. U.
convention, today, tomorrow and
Thursday. They will board a spe
cial convention bus which is com
ing from Portland.
Delegates are Mrs. Almira
Reed, president of the local or
ganization; Mrs. Rachel Reeder,
delegate-at-large; Mrs. Josephine
Shanks; Mrs. Sarah E. Oliver,
deputy representative for Mrs.
Helen Prescott, county president,
who is unable to attend; and
Mrs. Mary V. Charieton, delegate-at-large
tor Marlon county.
The convention, which is to be
held In the Methodist church at
Roseburg, will begin at 2 o'clock
this afternoon, with committee
meetings and conference. At
15 the women will gather at a
welcoming banquet. Mrs. Maude
Aldrich, national director of mo
tion picture Industry for the
W. C. T. U., and Mrs. G. L. Bur
en, president of the Federated
clubs of Portland, are to be con
vention speakers. About 200
women are expected to attend the
sessions.
Scout Near Death;
Attempted to Shield
Girls From Robbers
JOLIET, UL, Oct. 18.
(AP) A boy scout is near
death la a hospital here to
night because be obeyed the
scout code.
The victim ia Willard Ma
gowsky, 18, star athlete and
honor student at Jollet high
school and one of those
chosen last year to attend
the International scoot meet
tn BnftBwf. Bis was shot by
two robbers who attempted
to bold Magowsky, anoth
er yowth and three gMi aft
er forcing' their automobile
into' ditch.
llagowsky had poshed
two of the girls to the floor
and was attempting to pnsh
4he third out of dancer when
one of the robbers fired. One
ballet lodged Magowsky4
neck and another at the base
of his brain.
Where Rebel Plotters Conspire
To Menace Brazilian Leaders
W
, - M r 36
. v vv.- vujv-':':
Here in Rio Janeiro yesterday were
rresiaent uasnington liuis. Reports assert that the entire federal
forces in the states of Parana and Santa Catharina have gone over
to uie revolutionists, which elves
rebel army has began a inarch on
ital snown above.
Gov. Norblad to Welcome
School Leaders to Meet
Here on Friday
At least 200 Oregon high and
junior high school principals are
expected here October 17 and 18
for the second annual meeting of
the high school principal's confer
ence to be held in the house of re
presentatives at the capital.'- - The
conference, while sponsored by
the state principals' association
and the state department of edu
cation, is open to all high school
principals of the state.
The opening session will be Fri
day morning at 9 o'elock, when
Governor A. W. Norblad will give
the address of welcome. C. A.
Howard, state superintendent of
public instruction, and- Paul T.
Jackson of Klamath Falls, presi
dent of-the association, will give
address. E. D. Towler of La
Grande, chairman of the commit
tee on class size and efficiency,
will give a report.
Burgess Speaks-Friday
James M. Burgess of the state
superintendent's office, will give
an address Friday afternoon,
when other program numbers will
Include: Report of H. W. Adams
of Corvallis, chairman of the com
mittee on unit plan instruction;
report of V. C. Bain of Woodburn,
chairman committee on uniform
records; discussion left by Supt.
Howard.
Rex Putnam of Redmond will
preside over the conference dinner
to be held Friday at 6:30 o'clock
at the Marion.
Saturday forenoon the program
will include a short talk from Hal
E. Hoss, secretary of stale; ad
dress by Austin Landreth of Pen
dleton on "The High School prin
cipal and His Job;" report from
B. W. Wheatley of Pendleton,
chairman of committee on funda
mental processes in the high
school; and report from C. G.
Smith of Metifordv chairman of
committee on vocational and edu
cational guidance.
Adjournment will be taken at
noon in order that members may
attend the football game in Port
land. R. W. Tavenner of Salem Is secretary-treasurer
of the state
principals' association.
s
Wages Held up
Although Cuts
Made in Force
SEATTLE, Oct. 13 (AP)
Although facing discouraging
business conditions. President
Rolph Budd of the Great North
ern railway said here today no
reduction in wares had been
made but that cuts in labor for
ces were necessary because of
smaller business volume..
- Budd will leave Wednesday for
Tacoma and from there will go
to Portland, expecting to inspect
the Klamath Fall link now un
der construction.
i
Winnipeg Wheat
Is Lowest Ever
WINNIPEG. Man., Oct.
l a- two-- ousnex gi. wocm
sold on the Winnipeg market to
doy for the east 'of on bushel a
year ago with change to spare.
Even when trading closed up
about two cents from the lowest
levels ever recorded .at "Winnipeg,
values stood at less than half of
quotations, twelve months back.
October wheat finished at s
cents compared to $1.4Cvl-t a
1 PRINCIPALS TO
ATTBUD CONFERENCE
mi"; m i win -
" " i.i .r-sr &
. i v
a St
captured revolutionists against
them an army of 80,000. This
Rio de Janeiro, picturesque cap
53 COUNTS PLACED
T
Ohio Banker, Rrotherof Ex-
Attorney General, Held
For Embezzlement
WASHINGTON COURT HOUSE,
Ohio, Oct. 13. (AP) Mai S,
Daugherty. president of the de
funct Ohio State bank, and brother
of former United States attorney
general, Marry M. Daugherty, was
Indicted today on 8 counts
charging; embezzlement misap
plication of funds and faislflca
tion of the bank's condition.
The counts were contained in
15 Indictments returned by the
Fayette county grand Jury in con
nection with its special Investiga
tion of circumstances surround
ing the failures of the Ohio State
and the Peoples and Drovers
bank here last summer. An ad
ditional indictment was reported
against Virgil Vincent, grain deal
er, charging perjury.
After making its partial report,
the grand Jury adjourned until
November 12, when it willTsraroe
the Inquiry, which was ordered
by Prosecutor W. S. Paxsai fol
lowing involuntary bankruncy
proceedings against Daugherty
He was declared a bankrupt aft
er admitting his Inability to pay
377,000 in promissory njtes held
by the two banks.
Daugherty surrendered to com'
mon Pleas Judge H. M. Rankin
late today, and was ordered held
under $40,000 bond pending his
arraignment. Daugherty later ar
ranged to have theond signed
by his brother Harry, who lives in
Columbus and his mother, Mrs.
Jane Daugherty, of Washington
Court House. Daugherty was not
released, however, until bis broth
er arrived from Columbus and
furnished his share of the bond.
No date was set f ir arraignment.
QTJIXTERO BESTS CORTEZ
SALT LAKE CITY, Oct. IS.
(AP) Manuel Quintero, Tampa
Fla., outpointed Joe Cortes, Boise,
Idaho, In a ten round boxing bout
here tonight Quintero weighed
142, Cortes 148.
J-X JL' I
1
DAU9HERTY
Morrow Praises Hoover,
But Admits
NEWARK, N. J., Oct, 13.
(AP) Dwight W. Morrow,
opening his campaign for elec
tion to the United States senate
on the republican ticket, reiterat
ed tonight his advocacy of re
peal of the eighteenth . amend
ment and eliminated' himself as
a candidate for the presidency
la 1932. i 7
Speaking from the same plat
form where fire months ago he
first expressed himself In favor
of repeal and a return to state
control of v liquor traffic, bo re
peated that view, commended
warmly President Hoover and
the national administration, and
concluded: " " v
"I look forward with pleasure
and confidence to the opportun
ity of voting two yean from now
for-the renominatlon and - re
election of Herbert Hoover
The senate nominee -said it
was idle for any .republican to
contend the United States - was
not -"passing through a period of
depression.' a period when sab
statial unemployment exists, vyi
Even as Cndidatoo ;JV:V:iv.
Hard Tlases Admitted '
"Merely beeanse I am a candi
date for public office.'' he said,
MI do not for one moment under
estimate the suffering that hard
times - bring to many people
whose margin of saving has been
urn all. '' " .-.J ' : '
''Rather I want to recognise
REBEL FORGES
ROUT FEDERAL
TROOPS
5-Hour Battle Fought for
Possession Sao-Paulo;
Losses Heavy
Revolutions Found Hiding
In Rio de Janerio, is
Federal Report
PORTO ALEGRE, Rio Grande
Do Sul, Brasil, Oct. 13 (AP)
Revolutionary troops engaged in
an advance on the state and city
of Sao Paulo fought for five
hours this morning with federal
troops, between the towns of
Carlopolis and Offonso Camargo,
near the Parana-Sao Paulo fron
tier. An officer revolutionary an
nouncement said the federals
were routed with a heavy loss In
dead, wounded, prisoners and
supplies.
Rebels Also Suffer
Some Casualties
The revolution troops, consist
ing principally of the first bat
talion, commanded by Colonel
Alcides Etchegoyen, also suffer
ed some casualties.
The federals were said In the
official announcement to have
fled toward Carlopolis, leaving
behind them important supplies,
including several machine guns.
The battle was characterized as
the most' desperately fought of
the revolution thus far, and was
regarded as marking a stage in
the series of engagements along
the 200 mile Parana-Sao Paulo
front in which the rebels are con
testing the federals for posses
sion of Sao Paulo.
" RIO de JANEIRO. Oct. 13.
(AP) Capture of a group of
revolutionary plotters hiding In
the federal capital in the hope of
leading an uprising against the
government when revolutionary
troops should have approached
the city, was announced today by
the federal authorities.
Among the leaders arrested
were Jose Bonifacio and Afranio
de Mello.
(Turn to page 10, col. B)
PROFFER TQ WATER
T
Within the week, the public
utilities committee of the city
council will agree upon an offer
which it thinks is equitable on
the part of the city to the Oregon
Washington Water company.
This offer will be presented to
the council next Monday night for
its consideration and when agreed
upon by that body will go to the
officials of the water company.
Dr. O. A. Olson, chairman of
the committee,, said each member
of the utilities group ad been
considering the Baar ft Cunning
ham evaluation report made pub
lic September 30. Olson said no
member had as yet definitely com
mitted himself on the valuation
he considered proper.
Capitalist Bob
Found 'Resting9
i
NEW YORK, Oct. 13. (AP)
What some business associates
and authorities have regarded as
the disappearance of Charles V.
Bob, capitalist and flying en
thusiast, missing since last Wed
nesday, was termed today by rel
atives a retirement to avert a
nervous breakdown. They said
he was resting In seclusion in
Chicago.
Times are bad
framkly the situation that exists
and to do what I can to assist
those public and private agencies
which are trying to remedy the
difficulties.'
Mr. Morrow is a candidate
both for the full senatorial term
of six rears and for the unex-
nlred term of Walter. E. Edge,
who resigned to become ambas
sador to France. His democrat
ic annonents are Alexander
Simpson for the long and Thel-
ma Parkluson for the short term.
The republican nominee had
been mentioned, after the pri
mary in which be 'won from
three opponents by a plurality of
almost 400,000 votes, as a pres
idential Bosslbillty. partly be
eanse of his outspoken declara
tion for prohibition repeal.
Hoover Praised for bis
Stand Last Fall
Tonight in his tribute to Pres
ident Hoover Mr. Morrow said.
"President . Hoover stands today
a - potent and positive factor fori
peace in the world peace at
home and abroad. His wise ac
tion in his unofficial capacity in
bringing the leaders of business
and labor together one year ago
has contributed in a great degree
to- an avoidance of - those con
flicts between capital and labor
which so often in the past have
complicated, our. periods of de
pression and delayed ear indus
COMPANY
IIP
trial recoveiT."' -
Here's latest Fad,
Mothers; Anklets to
Keep iab on Baby!.
CHICAGO, Oct. 13 (AP)
Anklets with self-locking
clasps which must be sever
ed to be removed are now
being' used to prevent baby
mixups in Chicago hospitals.
Dr. Arnold Kegel, city health
commissioner revealed to
day. The anklets, bearing me
tal identification dags at
tached in the presence of
two witnesses at the time of
each birth, are being used 'as
a result of a rule established
by Dr. Kegel to eliminate the
possibility of a repetition of
the recent Bamberger-Wat-kins
baby mixup, in which
the infants of Mrs. Charles
Bamberger and Mrs. Will
iam Watkins were mixed in
a hospital when identifica
tions marks on the babies
were confused by placing
each child in the wrong
clothing.
. The mixup was finally ad
justed when the parents
traded the babies they took
home from the hospital.
IS
Whereabouts F. D. Carmack
Puzzle; Last Seen in
City October 6
MONMOUTH. Oct. 13. (Spe
cial) Disappearance of F. D.
Carmack, about 60, retired farm
er of this city and native of
Polk county, is puzzling rela
tives. Carmack went to Port
land Monday, October t, on busi
ness. It has been learned that
he registered at a Portland hotel
and checked out soon afterward,
returning later to get an over
coat which he had left behind.
He has not' been heard from
since.
Carmack has a number of rel
atives residing in Portland,
among them a son, at the Veter
ans' hospital. None of them,
however, has seen the missing
man, according to communica
tions received here.
Portland police were not noti
fied until Saturday evening.
They have since been searching
the city for Carmack but with
out results. Nor have there yet
been any answers from appeals
sent out by Portland radio sta
tions today.
Mrs. Carmack went to Port
land this afternoon to Interview
police and relatives, seeking
some clue to the 6trange disap
pearance of her husband. She
had not mentioned the matter
to local residents.
Mr. Carmack was born In Polk
county and lived on a farm near
Monmouth for a numner 01
years. About ten years ago they
retired from fanning and moved
to his present home here.
IF LIFE BE L
PHILADELPHIA, Oct. 13
(AP) Lengthening human life
is of little use if the brain does not
keep pace with the body. In the
opinion of Dr. Charles H. Mayo, of
the Mayo clinic, Rochester, Minn.
Dr. Mayo made this statement
today after he had given some
brief comments before the clini
cal congress of the American Col
lege of surgeons.
"Undoubtedly," he said, "a hu
man will be able to live longer
in the next half century, but the
problem of the medical profession
is to build up the brain so that
it advances in development with
the body.
"In institutions and homes we
see scores of old peeple in their
econd childhood, possessed of a
strong body but with a brain that
is almost through functioning.
There is little use in a long life,
if. for ten or twenty years, one is
senile and helpless mentally."
Airplanes Will
Carry Japanese
Pact Approval
WASHINGTON, Oct 12 (AP)
Fast army airplanes and a spe-.
cial diplomatic courier who will
use the speediest vessel in the
American, merchant marine will
be pressed ' Into service by the
state department at the -request
of the Japanese government to ex
pedite the arrival in London of
the Javanese ratification of the
London naval treaty.
To speed the Journey of the
instrument of ratification of the
treaty by the Japanese emperor in
time for a ceremony in London
for the deposit of ratifications be
fore the opening of the League of
Nations preparatory disarmament
commission at Geneva November
t, two army pursuit planes will be
dispatched to Vancouver and fly
with the document to New York.
a JEHXED Vf PLANK FALL
. McC ALLEN, Tex,. Oct. 13.
(AP) Cateby W. (Mike) Taylor,
2C. licensed pilot, was killed, and
Richard Dvyon. student flier, was
injared here today when a new
open cockpit biplane they were
testing fell in a talispin.
MIM
Mi
MISSING
Li
16
I
NEED
ARIZONA
TO STOP
CONSTRUCTION
Court Grants Right to Bring
Suit on Congressional
Act and Compact
Wilbur Announces Work to
Be Started With all
Possible Speed
By KARL M. SCHROEDER
WASHINGTON, Oct. 13.
(AP) The state of Arizona was
victor today in its effort to test
the validity act authorizing con
struction of Hoover dam, but
)oser in its request that funds for
the Initial work be held up.
Permission to bring suit on
the validity of the congressional
act and the Colorado river com
pace was granted by the supreme
court. Comptroller General Mc
Carl, however, refused to with
hold approval of the use of
funds for the construction.
Secretary Wilbur in announc
ing the comptroller's decision
said construction would proceed
with aU possible expedition. .
Wilbur, Signatory States
Will be Defendants
K. Berry Peterson, attorney
general of Arizona, who carried
the requests to the administra
tive and Judicial branches of the
government, Is expected to file
suit against Secretary Wilbur and
the states signatory to the com
pact.
He contended the rights of the
state are Invaded by both the leg
islation authorizing construction
and the compact which paved the
way for congressional action. Ar
izona further asserted it would
not receive its fair share of the
hydro-electric power from the
dam, nor the water from the Col
orado river to which it Is en
titled.
In requesting the comptroller
to withhold approval of with
drawal of funds for construction,
Peterson contended the contracts
with the city of Los Angeles and
the metropolitan water district of
southern California for the dis-
(Turn to page 10, col. 2)
T,2
DIE IN I Oil
Missionary Plane in Alaska
Tumbles on Test Flight
In Frozen North -
KOTZZEBUE, Alaska, Oct 13.
(AP) Only a short time after
reaching Alaska where it was to
be used as a missionary plane in
reaching the far scattered settle
ments of the north, the Jesuit
missionary plane Marquette crash
ed here yesterday, killing Ralph
Wein, Alaska aviator, Father
Phillip I. Delpn, head of Jesuit
missions in Alaska and Father
William F. Walsfli, formerly of
San Francisco but now of the
Kotzebue mission.
The crash came at 3:45 p. m..
while Wein, the pilot was circling
the field. The - motor seemed to
stall and the Marquette plunged
nosefirst into the frozen ground
all three were killed instantly.
Wein had taken the ship aloft on
a test flight s few minutes be
fore taking up the priests.
Co-Pilot Not Aboard .
The co-pilot, of the plane, Fath
(Turn to page 10, col. 6)
Patronizing of
South America
Scored at Meet
JACKSONVILLE. III... Oct 13.
(AP") With delegates gener
ally agreed that America should
discard any remaining feeling Of
superiority toward La tin-American
countries and' substitute a
program of mutual co-operation
and understanding, -the four day
institute of PanAmerican rela
tions came to a close today.
Summarizing results of the in
stitute, Chester Dewltt Pugsley,
banker-philanthropist of Peek-
skill, N. Y., who with McMurray
college donated the institute;
nointed out that numerous' noted
speakers bad voiced the belief
America should drop any ten
dency to patronise South Amer
ican countries and .earnestly
study their problems.
Idle Rail men
Go Back to Work
In Shops, Report
,s BLOOMINGTON, TlL.j6ct It.
(AP) Six hundred Chicago
and Alton railroad shop workers,
idle since July, soon will return
to their eosts and the shop will
resume full operation, it was sfi-
' The first of the men will, re
port November! and the entire
personnel was expected to be re
engaged by Kovember 17. A five
day week schedule will remain La
effect. - 1 -
01
PRIESTS
Georgia Names
Her as Typical
1
Miss Hilda Burnette, ehoeen as
the "Typical Southern Girl," as
she learned of the trip to Paris,
which is the prize of the compe
tition. There 6he will represent
Atlanta and the South in a com
petition with typical girls from
other large rUi', who will also
make the trip. Miss Murnette
is 21 and a student at the Uni
versity of Georgia.
AT
STITEJOCIALISNI
Republican Candidate
Comes 'Home' to Oppose
Wildcat Politics .
Phil Metsohati. renuhllcan
nominee for governor, came back
home Monday noon to plead with
with an audience which filled
the chamber of commerce rooms
for saneness in Oregon irovern-
ment.
Uslnff a recent utterance of
Calvin Coolldge in which the for
mer president said the present
time was not one for einerimenta
in government, Metschan told his
audience state socialism was a
real menace, party government
was a necessity in government
and his selection as governor was
the only sure way to avoid dis
astrous experimentation.
"The independent candidate,
backed by politicians who never
took any Interest in Oregon, ex
cent for nolitlcal reasons, has
taken advantage of the unfortun
ate death of George Joseph and
aepressed business conditions to
appeal to a radical element,"
Metschan declared. "This erouo
(Turn to page 10, col. 7)
-
ETEflLT PILOT FOR
H I SERVICE
" vw a" a va ttuU uaicuif At
bany, Corvallis and Eugene will
begin Wednesday morning with a
ing the saiem airp'rt at 9 a.m.
The Diane will rearh Pnrtlinit
a.m., ana wm return up
me vuiamette valley at 10:1
- - - - - -
a.m.. It will leave Salem again at
METSCH1
HITS
reatu Aiuany at ii:va, aenc Tne Waterloo distilling cor
Corvallis at 11:25 and Eugene at poratlon of Waterloo, N. Y., gain
12 o'clock.' The return trin frnm I r ml.- . .v. .
Eugene will begin at 1 p.m., the
ZZtZi, " , " ;L,.
O'clock. The nlana will
men
leave for Salem, the base of oper
auons,.at 3 p.m
Lee Everlv will h chief nMot nf
th no. aAri
the new service
FINDS NO DEPRESSION
. PORTLAND, Ore., Oct. 13.
(AP) E. G. Harlan, representa
tive of the Oregon atate chamber
of commerce, returned today from
Wallowa ' county with the report
that twice as many hogi have
been shipped from the county this
year as la 1929.
. There la little or no business
depression la Wallowa county.
Harlan said, business la on a cash
basis.
Dairy production baa Increased
In the county, he Bald. Improved
methods hava Increased the per
cow butterfat production from 21 f
pounds a rear to 331 pounds. Dur
ing the past year, nine cows -have
passed the 500-pound mark.
THINKS HAN DEER
FOREST GROVE. Ore, Oct, It
(AP) John Williams, hillside
farmer, was shot and killed near
the head water of the Wilson
river near the Reeher camp yest
erday. -s-
- The fatal shot was fired by
his cousin. Will Williams. They
aad three other men were' moving
dowa a canroa on ooposlta sides
COURT ATTACK
ES
IETSJHECK
Supreme Tribunal Refuses
To Reopen St. Joseph.
Fine, Prison, Case
Other Attempts to Weaken
Statue Rebuffed in
Day's Decisions
WASHINGTON, Oct. 13 (API
An attack on the constitution
ality of the Jones law under
which a violator of the Volstead
act can be sent to prison for
five years and fir.e-.l $10,000 fail
ed today hefor tha supreme
court.
The suit cam from Missouri.
Two St. Joseph regents, Hiita
McElvogue and William J. Brow s,
challenged the statute uc(Jr
which McElvogu? -a-a? sentenced
to the.penitentiary for a year ar.4
Brown four year?.
As Is customiry. the court i
refusing to pass upon the consti
tutionality of the drastic dry law
gave no explanation. The ques
tion of the coii.-UItutionality of
the Jones act was not raised,
however. In the United Stats
district court whre the cas
were first tried.
The chaUenee to the statute
was made on appeal to t''e
eighth circuit court of appi.
Those familiar with suprenje
court procedure pointed out that
in such circumstance the trib;:a
al generally decided that a ques
tion of constitutionality lias n.t
been properly presented.
Denial of the petition for re
view does not preclude the court
at some future date from passing
upon the constitutionality of the
statute.
Degress of Violation
Discussed in Jones Act
The Jones act. passed in 1S2J,
said It was the Intent of congr.
to "discriminate between casua
or slight violations and habitus.!
sales of intoxicating liquor, or at
tempts to commercialize viola
tions of the law."
Counsel for McElvogue and
Brown argued the delegation to
the trial Judze of authority- t
classify the offense and deter
mine tne punishment violated tl
constitution.
Another legal attack on
viction under the Jones law abe
failed today befors the c e u r t.
Frank Ross was convicted of
dating the liquor laws at the V-
aauci ciub. Elm Grove, ntar
Wheeling. W. Va.. and was sen
tenced to two years in Atlmti.
At the court's last terra he ast-
ed a review, arguing that the vi
olation of which be haA
convicted, should be treated as a
Lt " , . "ls Diea wa r
rfused and today his request fr
misdemeanor. His plea was r-
a rehearing was denied
Two Requests for Xew
Constitution, Rejected
Marco Colpo of Buffalo town
ship, near Butler, Pa., failed t
get a review of his conviction cf
liquor law violations and Sigvard
B. Johnsen's attempt to have re
considered his conviction of glv-
ing false testimony In a liquor
aa a a n a s a v . i
" luautu uuwii, Uil li a' ti
former chief boatswain in the
coast guard was accused of p"--
jury m the trial of John V.
Lfoyd and others in San Fratcif-
eo in 19ft
A review, however, waa grant
ed la one liquor case which is ei-
I vaou nuau is ri"
pected to set an important prece-
Its property in a lower court ur-
aw to internal revenue laws. If
tinia confiscation stands, persons.
not connected with the vloiatfe.
1 a, .
i'tMii. canuui recover ter
property.
Wallowa County Prospers
Farmer Killed by Cousin
Rahn Moves Whole Town
Workei in Fatal Mishap
Of the stream. John called to tia
cousin across the stream that he
saw fresh tracks and believed ha
saw something moving. The skat
followed almost Immediately.
SURE, MTJLLICAN CAN
MILLICAN, Ore., Oct. 13.
(AP) This man's town was omit
ted from the new central Orege .
highway grade and by popular
vote It was decided to more
town to the highway half a mil
way. . -
A. Rahn, postmaster, storekeee ,
er and ihechanle at Milllcaa foe '
the past I ten year, was the ve 'T
resident and east the only vote.
Today he started moving th
"town."
' 5 - - - -
liOOOHOTITS CRUSHES MA
CLATSKANIE, Ore., Oct. IS.
(AP) John Holombo, 21. feU bn
der the wheels of a locomotite at
th Benson Lumber compacy
logging camp near her today-
was killed. v - -
Holombo slipped , when ,h- at
tempted to hoard the moving lr
motive. His father. Herman U;
lotnbo, survives.? - .
ON JON
year ago.